For people seeking an alternative to marriage, civil unions and domestic partnerships may be the best options. Here’s what to know about civil union vs domestic partnership in California.
The state of California does not offer the option of a civil union to couples and instead offers domestic partnerships. Domestic partners are granted the same state right as married couples in California. However, the federal government does not recognize domestic partnerships, so partners may face issues with federal-level marriage rights.
Civil Unions
A civil union legally recognizes a couple’s relationship without the ties of marriage. Civil unions provide certain state benefits, civil rights, and protections of the law similar to rights granted through marriage. Some benefits of civil union include rights relating to:
- Property ownership
- Tenure and pension
- Wrongful death
- Adoption
- Health insurance
- Emergency care
While offered in different states, civil unions are not offered in California. Civil unions that were established in other states are honored as domestic partnerships in California.
Domestic Partnerships
Since California does not offer civil unions, domestic partnerships are the main alternative to marriage in California.
Related: Domestic Partnership vs. Marriage in California: Difference
Domestic partnerships are similar to civil unions in that they legally recognize relationships and grant state rights to couples. Couples in domestic partnerships also receive domestic partner benefits through companies or organizations, which are not available for civil unions.
Domestic partnerships are offered at the state level in California. Couples in domestic partnerships in California enjoy the same state rights and responsibilities as married couples.
Domestic partnerships in California generally have more rights than partnerships in other states. Some of these rights within California include:
- Employee benefits for married employees such as retirement and health plans
- Ability to bring forth a wrongful death lawsuit in the event of their partner’s death
- Participation in the intestate division of their partner’s property
- Community property laws in California apply to domestic partners
- Legal rights related to raising a child born during the partnership
- Adopting a child previously born to a domestic partner
- Ability to add a partner to state-administered health benefits
Anyone in California is eligible to enter into a domestic partnership except:
- Blood relatives that are prevented from marrying
- Minors who do not have a special court order
- People incapable of consenting to a domestic partnership
- People who are already married or in a domestic partnership with someone else
However, domestic partnerships in California are not federally recognized as married couples, so partners may face some issues with federal-level rights. Some of these issues may include:
- Citizenship
- Federal employment benefits
- Rights and protections for married couples in other states
- Taxes
- The Internal Revenue Service does not recognize domestic partnerships as marriage, so partners must file taxes separately and do not get marriage tax benefits at the federal level.
- Domestic partners in California can file jointly at the state level, but must file separately with the federal government.
FAQs About Civil Union vs Domestic Partnership in California
What is the difference between civil unions and domestic partnerships in California?
California does not offer civil unions but does offer domestic partnerships. California is one of the most generous states in granting rights to domestic partners. Domestic partnerships are afforded the same rights at the state level as married couples.
What are some issues I might face with a domestic partnership in California?
Although domestic partnerships are recognized at the state level in California, they are not recognized at the federal level and may not enjoy the same federal benefits as married couples. Most notably, domestic partners in California can file their taxes jointly with the state, but must file separately with the IRS and do not get federal tax benefits for married couples.
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